Job Board Terms of Service

This is a contract between you (the Customer) and us (Mediabistro). By posting jobs on the Job Board (defined below), you are agreeing to these terms and are acknowledging that you to agree to our General Website Terms of Use and have reviewed our Privacy Policy.

Definitions

Job Board. The Job Board is part of the Mediabistro website provisioned by Mediabistro, along with related related services, to allow jobseekers to review open employment opportunities and to allow companies to make their employment opportunities available to Users (defined below) of the Mediabistro website.

Plan. Job Board services are offered on a basis of services and features provided, each a Plan.

Order Form. Mediabistro may enter an Order Form with a Customer, in which case the payment and other terms of the Order Form will supercede those listed in this Agreement.

Services. The applications, tools, and platforms made available to you, which are developed, operated, and maintained by Mediabistro and available on Mediabistro or another designated URL, along with any ancillary products or services.

Subscription Fees. Amounts charged to the Customer on a recurring, monthly basis, associated with a Plan.

Term. The Term is the period for which the Customer is paying for the Services.

Users. Jobseekers and other general visitors to Mediabistro, other designated URLs, and users of ancillary products and services.

General Commercial Terms

Access. During the Term, we will provide you access to use the Services as described in this Agreement (or the applicable Order Form).

Availability. We try to make the Subscription Service available 24 hours a day, 7 days a week, except for planned down-time for maintenance.

Prohibited Use. You will not use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes in any way with the general functionality of the website, attempt to gain unauthorized access to the Services, or to any User data, or use the Services for any purpose or in any manner that is unlawful or prohibited by this Agreement.

Notification of Compromised Data. You will notify us as soon as practicable of any unauthorized use of your Users' identifications and passwords.

Fees & Payments

1. Subscription Fees. Subscription Fees are different for each Plan. You will be charged recurring Subscription Fees associated with the Plan you have chosen unless: (i) you choose to change to a different Plan, (ii) you purchase additional products or services, (iii) you cancel your Plan, or (iv) different fees are agreed to in writing or via an Order.

2. Changes. Mediabistro can change the Subscription Fees associated with any Plan at any time, and will notify Customers with reasonable notice in advance of such changes.

3. Payments by Credit or Debit Card. If you are paying by credit or debit card, you authorize us to charge your credit card or bank account for all Subscription Fees, and any other amounts agreed to in an Order Form. You authorize us to use a third party to process such payments, and consent to the disclosure of your payment information to such third party.

4. Payment Information. You agree to keep your contact information, billing information and credit card information up to date. Payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement.

5. Payment Timing. All Plan fees are due and payable in advance of each month, or applicable Term.

6. Sales Tax. All fees, including Subscription Fees, are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable. If you are in a country that charges VAT, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

Term, Termination, & Suspension

Term and Renewal. Your Plan will auto-renew for the subsequent Term unless you change or cancel the Plan, or if Mediabistro terminates or suspends the account per this Agreement.

No Refunds. When a Plan is cancelled, no subsequent billing will occur; however we do not provide refunds for the remaining days left in the billing period.

Termination for Cause. Either party may terminate this Agreement for cause: (i) upon five (5) days notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors.

Suspension or Termination for Prohibited Acts or Security Risks. We may suspend any Customer's access to any or all Subscription Services and/or terminate the Agreement without notice for any improper use of the Mediabistro site or the Services including, but not limited to: the violation of any local, state, federal, or foreign laws or regulations or the terms of this Agreement, trademark infringement, spam-related behavior, improper, careless, or sub-standard handling of User data. We can also suspend Customers or terminate the Agreement without notice should there be any security threat, real or perceived, related to denial of service attacks, security vulnerability, excessive bandwidth consumption, or other disruptive activity. This is at Mediabistro's sole discretion.

Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice.

Other Terms

Assignment. Neither party may assign this Agreement to any other person or entity without the express prior written consent of the other party or its successor in interest, as applicable, except as expressly provided otherwise in this Agreement. Notwithstanding the foregoing, an assignment by either party of this Agreement by operation of law, as a result of a merger, consolidation, acquisition, amalgamation, or other transaction or series of transactions, or a sale of all or substantially all of Mediabistro's assets or those assets to which this Agreement relates shall not require consent from the other party.

Validity. If any part of this Agreement that is not fundamental is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement. Any such provision which is found to be illegal, invalid or unenforceable shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Entire Agreement. This Agreement contains the parties' entire understanding regarding its subject matter and supersedes all proposals and other representations, statements, negotiations and undertakings in each case, verbal or written, relating to the same.

Non-Agency. Neither party shall, for any purpose, be deemed to be an agent of the other party and the relationship between the parties shall only be that of independent contractors. Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.

Amendments and Modifications. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.